Xxx vs State Of Kerala
2023 Latest Caselaw 9822 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
   WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945
                       BAIL APPL. NO. 7465 OF 2023
  CRIME NO.1102/2023 OF Fort Police Station, Thiruvananthapuram
 AGAINST THE ORDER/JUDGMENT CRMP 1613/2023 OF JUDICIAL MAGISTRATE
                 OF FIRST CLASS -II,THIRUVANANTHAPURAM
PETITIONER:


            XXXAGED 49 YEARS XXX XXX, PIN - 695008

            BY ADVS.
            R.T.PRADEEP
            P.BIJIMON
            M.BINDUDAS


RESPONDENT:
           STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH
           COURT OF KERALA, ERNAKULAM, PIN - 682031

            SRI. G. SUDHEER, P.P


     THIS     BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
13.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A. No.7465/2023                         -2-

                                     ORDER

The petitioner is the sole accused in Crime No.1102/2023 of Fort Police

Station in Thiruvananthapuram District alleging commission of offence under

Sections 376, 376 (2) (n) and 420 of the Indian Penal Code.

2. The allegation against the petitioner is that the petitioner had entered

into sexual relationship with the de facto complainant on the false pretext of

marriage. The alleged incident took place in the years 2016 - 2023.

3. The learned counsel appearing for the petitioner would submit that the

de facto complainant is the wife of a relative of the petitioner. It is submitted that

the petitioner had been requested by a relative of the petitioner who is working

abroad to take care of his wife and family in respect of financial matter and an

intimacy developed between the petitioner and the de facto complainant and they

were practically living together in the same house from 2016 onwards. It is

submitted that the marriage of the petitioner with another lady is subsisting and the

marriage of the de facto complainant with her husband is also subsisting. It is

submitted that the petitioner had not entered into sexual relationships with the de

facto complainant on the false pretext of marriage. It is submitted that if at all there

has been another relationship between the petitioner and the de facto complainant,

the same can only be consensual in the facts and circumstances of the case. It is

submitted that the allegation that the petitioner committed the offence under

Section 420 IPC is only for the purpose of adding another offence and there is

absolutely no truth on the said allegation.

4. The learned Public Prosecutor opposes the grant of bail. He submits

that going by the first information statement of the de facto complainant, there are

serious allegations against the petitioner including the allegation that the petitioner

required the de facto complainant to have relationship with a friend of the

petitioner. It is submitted that the petitioner is therefore not entitled to bail at this

point of time.

5. Having heard the learned counsel appearing for the petitioner and the

learned Public Prosecutor and considering the fact that admittedly the petitioner

and the de facto complainant have been in relationship from 2016 onwards and also

taking into consideration of the fact that the petitioner and the de facto

complainant are both married and both the marriages are still subsisting, I am of

the view that the petitioner can be granted bail subject to conditions. Accordingly

this bail application is allowed. The petitioner shall be released on bail, subject to

the following conditions:-

(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty

thousand only) with two solvent sureties each for the like sum to the

satisfaction of the jurisdictional Court;

(ii) The Petitioner shall appear before the investigating officer in Crime

No.1102/2023 of Fort Police Station, Thiruvananthapuram as and when

called upon to do so;

(iii) The petitioner shall not attempt to interfere with the investigation, influence

or intimidate the de facto complaint or any witness in Crime No.1102/2023

of Fort Police Station, Thiruvananthapuram;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in

Crime No.1102/2023 of Fort Police Station, Thiruvananthapuram may file an

application before the jurisdictional Court for cancellation of bail.

Sd/-

GOPINATH P.

JUDGE

AMG